Newman, Jr. v. AECIQ
2:24-cv-01204
E.D. Cal.Jun 5, 2025Background
- Newman filed a putative class action alleging that AECIQ made pre-recorded calls to cell phones without consent, violating the Telephone Consumer Protection Act (TCPA).
- The case is at the discovery stage, prior to class certification, with a discovery deadline set for June 16, 2025.
- Newman filed a motion to compel discovery, arguing AECIQ was not responding to interrogatories and requests for production relevant to class certification and the merits.
- AECIQ provided mostly boilerplate, non-specific objections or noncommittal responses to most requests and argued some discovery was premature.
- The court reviewed objections and found them unspecific and unsupported, especially given the impending close of discovery.
- The court granted Newman’s motion to compel in full and ordered AECIQ to respond by June 13, 2025, warning of potential sanctions for noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Production of call logs and outbound call data | Necessary to demonstrate class certification requirements | Discovery is premature; will produce after class certified | Compelled immediate production; objections were inadequate |
| Identification of vendors/third parties | Information critical to case and class certification | Offered to supplement but gave no specific objections | Compelled full and prompt responses |
| Complaints and DNC (Do Not Call) requests | Relevant to claims of improper telemarketing | Willing to confer, but noncommittal due to scope/time | Compelled complete response, deadlines approaching |
| Consent records and defense documentation | Entitled to all documents supporting consent defense | Boilerplate objections; offered to confer | Compelled full and timely production |
Key Cases Cited
- Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978) (defining broad scope of discovery relevance)
- DIRECTV, Inc. v. Trone, 209 F.R.D. 455 (C.D. Cal. 2002) (requiring specificity in objections to discovery)
